Jawed Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29969 of 2025 Arising Out of PS. Case No.-50 Year-2025 Thana- THAKURGANJ District- Kishanganj ====================================================== Jawed Khan S/o Gulam Mustafa Khan @ Mustafa Khan Reisdent of Khalifa Patti, Ward No. 08, P.S.- Thakurganj, Distt.- Kishanganj ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 30653 of 2025 Arising Out of PS. Case No.-50 Year-2025 Thana- THAKURGANJ District- Kishanganj ====================================================== Md. Chand Son of Late Md. Afshar @ Afshar Alam Resident of Mastan Chowk Thajurganj, PS -Thakurganj, Dist- KIshanganj ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 29969 of 2025) For the Petitioner/s :

Mr. Bhola Prasad, Advocate For the Opposite Party/s :

Mr. Nagendra Prasad, APP (In CRIMINAL MISCELLANEOUS No. 30653 of 2025) For the Petitioner/s :

Mr. Bhola Prasad, Advocate For the Opposite Party/s :

Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 15-05-2025 Heard learned counsel for the petitioners and learned APP for the State.

Re:- Cr. Miscellaneous No. 30653 of 2025

2. The petitioner is in custody in connection with Thakurganj P.S Case No. 50 of 2025 registered for the offences punishable under Sections 21(b), 29 of the N.D.P.S. Act.

Patna High Court CR. MISC. No.29969 of 2025(2) dt.15-05-2025 2/3

3. As per prosecution case, on the basis of written report of the informant Sikandar Kumar, Sub Inspector, SSB Post, Ital Basti, two persons arrested in suspected condition by the informant and other by police officials after search of the petitioner, 37 grams of Narcotic substance like M.D.A. was recovered from Jawed Khan and one mobile phone was recovered from this petitioner .

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further submitted that there is no incriminating articles have been recovered from the conscious possession of the petitioner.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, case diary and impugned order, it appears that no incriminating articles have been recovered from the conscious possession of the petitioner, namely, Md. Chand. Petitioner, namely, Md. Chand bears clean antecedent and he is in custody since 11.03.2025.

7. Considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner namely, Md. Chand, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand)

Patna High Court CR. MISC. No.29969 of 2025(2) dt.15-05-2025 3/3 with two sureties of the like amount each to the satisfaction of learned Sessions Judge cum Special Judge, NDPS Act), Kishanganj in connection with Thakurganj P.S Case No. 50 of 2025.

Re:- Cr. Miscellaneous No. 29969 of 2025

8. So far as, petitioner namely Jawed Khan is concerned, there is recovery of 37 grams of Narcotic substance like M.D.A. from the conscious possession of the petitioner, namely, Jawed Khan, so I am not inclined to grant regular bail to the petitioner, namely, Jawed Khan.

9. Accordingly, prayer for bail of the petitioner, namely, Jawed Khan is hereby rejected.

(Ramesh Chand Malviya, J) Ranjeet/- U T